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Name Category Published
Arturo D., a Minor
Order 		Criminal Law and Procedure Jan. 22, 2002
Lee v. Kemna Supt. Crossroads
When petitioner fails to show cause for default and prejudice or actual innocence, denial of federal habeas petition correct. 		Criminal Law and Procedure Jan. 21, 2002
People v. Avery
Record of out of state conviction is insufficient to constitute 'strike' under sentencing law. 		Criminal Law and Procedure Jan. 17, 2002
People v. Avery
Record of out of state conviction is insufficient to constitute 'strike' under sentencing law. 		Criminal Law and Procedure Jan. 17, 2002
U.S. v. Arvizu
Vehicle stop not based on reasonable suspicion taints evidence seized as a result of ensuing search and the illegality is not purged by driver's consent. 		Criminal Law and Procedure Jan. 15, 2002
Sallahdin v. Gibson
Trial counsel may have been ineffective in failing to present steroid-use evidence during second stage of trial. 		Criminal Law and Procedure Jan. 15, 2002
Beem v. McKune
Defendants' due process rights were violated because they were sentenced for crime for which they were neither charged, tried nor convicted. 		Criminal Law and Procedure Jan. 15, 2002
State of Arizona v. Cox
Court erred when it found defendant committed current offense while on release from confinement. 		Criminal Law and Procedure Jan. 15, 2002
State v. Ramires
Erroneously admitted hearsay statements did not materially affect outcome of defendant's murder trial. 		Criminal Law and Procedure Jan. 15, 2002
U.S. v. Ojeda
Evidence of drug lab seized from warrantless search of residential garage was admissible at trial. 		Criminal Law and Procedure Jan. 14, 2002
Blair v. Crawford
Petition for extraordinary writ was properly filed with state court and tolled Antiterrorism and Effective Death Penalty Act's one-year limitations period. 		Criminal Law and Procedure Jan. 14, 2002
Kelly v. State
Death sentence is reversed where court failed to instruct jury that parole was not available and evidence addressed future dangerousness. 		Criminal Law and Procedure Jan. 14, 2002
Patton v. People
Defendant sufficiently demonstrated double jeopardy violation. 		Criminal Law and Procedure Jan. 14, 2002
State v. Moses
State may prosecute defendant previously convicted in tribal court without violating double jeopardy. 		Criminal Law and Procedure Jan. 14, 2002
State v. Cox
Defendant can be convicted of both summary contempt and attempted first-degree escape based on same incident. 		Criminal Law and Procedure Jan. 14, 2002
State v. Teitzel
Defendant's prior convictions for driving under influence may be used to enhance sentence. 		Criminal Law and Procedure Jan. 14, 2002
People v. Cooper
Prisoner who is convicted under voter initiative cannot have sentence modified by legislative act. 		Criminal Law and Procedure Jan. 13, 2002
People v. Loyd
Two or more offenses of the same class may be joined together unless party seeking severance establishes substantial danger of prejudice. 		Criminal Law and Procedure Jan. 13, 2002
People v. Basuta
Among other things, exclusion of evidence corroborative of defense theory was reversible error. 		Criminal Law and Procedure Jan. 11, 2002
State v. McNeal
Trial evidence was sufficient to support convictions for both vehicular assault and vehicular homicide. 		Criminal Law and Procedure Jan. 10, 2002
State v. Seek
Defendant was improperly convicted of bigamy without evidence of wrongful intent. 		Criminal Law and Procedure Jan. 10, 2002
People v. Taylor
Defendant cannot be convicted for possessing cane sword unless he knew that cane actually concealed sword. 		Criminal Law and Procedure Jan. 9, 2002
People v. Adams
Defendants convicted of causing death of 69-year-old victim do not deserve sentence enhancements for elder abuse. 		Criminal Law and Procedure Jan. 9, 2002
People v. Valentine
Instructional error of threatened 'hardship' was prejudicial and improperly considered by jury as form of duress. 		Criminal Law and Procedure Jan. 9, 2002
US v. McElhiney
Court's 'Allen' instruction to jury in defendant's retrial on drug charges was impermissibly coercive. 		Criminal Law and Procedure Jan. 9, 2002
People v. Rivera
Prosecution required to elect which acts support counts of securities fraud and conspiracy to commit securities fraud. 		Criminal Law and Procedure Jan. 9, 2002
People v. Honeysette
Trial court correctly instructed jury regarding charge of pattern of sexual abuse. 		Criminal Law and Procedure Jan. 9, 2002
People v. Rodriguez
Defendant's double jeopardy rights were not violated by sentence of mandatory parole following probation violation. 		Criminal Law and Procedure Jan. 9, 2002
People v. Wright
Initial advisement regarding penalties is sufficient notice to impose mandatory parole for probation violation. 		Criminal Law and Procedure Jan. 9, 2002
Opinion of Bill Lockyer
Intracardiac euthanasia may not be administered on conscious animals if animals may first be rendered humanely unconscious. 		Criminal Law and Procedure Jan. 9, 2002
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